Bombay High Court
Shakeel Ahmed Shaikh vs The Union Of India And 5 Ors on 2 April, 2019
Author: N. M. Jamdar
Bench: Naresh H. Patil, N. M. Jamdar
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9-pill-35-19.doc
pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION (L) NO. 35 OF 2019
Shakeel Ahmed Shaikh .. Petitioner
Vs.
Union of India and ors. .. Respondents
Mr. Mohammed Zain Khan a/w Sayed N. Ali, Mohammed Ashraf
Kapoor, Ms. Praneeta Mokal and Shakeel Ahmed Shaikh for
petitioner.
Ms. P. H. Kantharia, Govt. Pleader a/w Ms. Deepali Patankar, Asst.
to Govt. Pleader for State.
Mr. A. Y. Sakhare, Senior Advocate a/w Mr. H. C. Pimple for
respondent no. 3 - MCGM.
CORAM: NARESH H. PATIL, CJ. &
N. M. JAMDAR, J.
APRIL 02, 2019.
P.C.
1. Issue notice to the respondents, returnable on 24 April 2019. The learned AGP waives notice on behalf of respondent ::: Uploaded on - 03/04/2019 ::: Downloaded on - 04/04/2019 01:12:45 ::: 2/4 9-pill-35-19.doc no.2 - State. Mr. Pimple waives notice on behalf of respondent no.3 - MCGM.
2. The present Public Interest Petition is filed in respect of the recent incident of the collapse of the Foot-over Bridge between CST Railway Station and Times of India Building on 14 March 2019, which caused loss of property and resulted in the death of 6 persons as well as caused serious injuries to 31 persons. The petition seeks various directions against the respondents.
3. We have heard the learned counsel for the petitioner and the learned Senior Counsel appearing for respondent no. 3 - Mumbai Municipal Corporation.
4. The learned Senior Counsel Mr. Sakhare, on instructions, submits that there are total 344 bridges in the city of Mumbai and in respect of 296 bridges, the audit is completed. Report is submitted by the concerned auditor, according to which 110 bridges are not in good condition, minor repairs are recommended in respect of 107 bridges and major repairs in respect of 61 bridges. It is submitted that minor and major work is going on. In respect of 18 bridges, it is recommended that same be demolished. Out of 18 bridges, 7 bridges have been demolished and 11 bridges have been closed for public use. It is submitted that ::: Uploaded on - 03/04/2019 ::: Downloaded on - 04/04/2019 01:12:45 ::: 3/4 9-pill-35-19.doc proposal is initiated for construction of new bridges in place of 7 bridges which are already demolished. It is further submitted that the steps are being taken in respect of 11 bridges which are to be demolished.
5. During the course of hearing following issues emerge:
(a) The need for the Municipal Corporation to take additional precautionary measures about the other bridges by way of abundant precaution, even if the audit is conducted through the private auditor.
(b) Rechecking and re-audit by the structural Engineer.
(c) Constitution of an In-house team to check up the bridges regularly and to submit report to the Commissioner.
(d) Framing of a policy (Bridge Foot-over Policy) for selecting the consultants and auditors for maintaining the foot-
over bridges and while issuing tenders in respect of the same and evolving stringent conditions for participating in the tender process.
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(e) Feasibility of appointing expert body such as IIT Bombay or VJTI in respect of bridges having heavy rush, for maintaining the said bridges.
(f) To upgrade the Powers and responsibilities of the Chief Engineer (Bridges).
(g) Random selection of checking of the bridges.
6. The learned Senior Counsel appearing for the respondent no. 3 - Mumbai Municipal Corporation would inform the court about the steps taken on the next date and the response of the Corporation on the above issues.
7. Stand over to 24 April 2019.
N. M. JAMDAR, J. CHIEF JUSTICE
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